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TC Minutes 05-10-1988• • MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD MAY 10, 1988 - 7:30 P.M. The regular meeting of the Town Council of the Town of Avon, Colorado, was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado, in the Council Chambers. The meeting was called to order by Mayor Pro-Tem Steve Miller at 7:30 p.m. A roll call was taken with Emilie Harrison, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis present. Mayor Allan Nottingham was absent. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Public Works/Parks and Recreation Larry Brooks, Director of Engineering Norm Wood, Town Clerk Patricia J. Doyle, as well as, members of the press and public. The Town Manager asked that the Council consider the following: that Council change their meeting time to 5:30 p.m. so that general items could be-discussed and that action could be taken on those items at that time. Then, at 7:00 p.m., schedule citizen input, ordinances, and resolutions for approval. This would be done on a regular basis. Mayor Pro-Tem Miller stated that if the Council was in agreement, then the Town Manager be directed to put that request in draft form, and bring the proposal back to the Council at the next meeting. It was stated that the work session could be combined at 5:30 p.m. Councilman Davis stated that his concerns would be the public who would want to participate in the discussion, and he felt by changing the meeting time, it may hinder some of them from attending. He suggested that all concerned items discussed during the 5:30 p.m. time, be brought back for discussion at the 7:00 p.m. meeting, and then if there were any concerned citizens that wanted to give input, they could do so, and also, at that time, decisions could be made. Mr. James would draft this proposal and bring it back to the Council for their consideration. Mayor Pro-Tem Miller called for Citizen Input. Ted Martin, Director of the event, and Mike Kloser, one of the top five mountain bike riders in the world, and also, the technical advisor for the event, approached the Council. • • They discussed and reviewed the "Tour of the Rockies" race event. Mr. Martin presented a letter to the Council from Mountain Bike Action Magazine. He stated that they have indicated that they want to do a feature on the Tour of the Rockies race. They would list sponsors in their magazine. He stated that some other magazines that would be sending writers were: Winning Magazine, Mountain Bike Magazine, Inside Cycling, Bicyling Magazine, and Mountain Bike for Adventure. He stated that they had received other $5,000 commitments from; Town of Vail, Vail Metropolitan Recreation District, and also Vail Associates. He stated that Vail Associates have also committed to additional in-kind services. Mike Kloser reviewed the bike course lay-out with the Council. It was stated that this event would become an annual event, and that they would not require any help from the public works crew to set up. Councilman Davis stated that he welcomed the event, and it would add to the Summer Solstice Event, and that Avon should support the concept of it. Councilman Davis moved to amend the Marketing Budget to include a $5,000 contribution to the "Tour of the Rockies" race as a sponsorship. The motion was seconded by Councilwoman McRory and was unanimously carried. There being no further Citizen Input, the Mayor Pro-Tem closed the discussion, Second reading of Ordinance No. 88-6, Series of 1988, AN ORDINANCE AMENDING CHAPTER 15.28 OF THE MUNICIPAL CODE OF THE TOWN OF AVON, COLORADO, RELATING TO SIGNS. Councilman Davis moved approval of Ordinance No. 88-6, Series of 1988 on second reading. The motion was seconded by Councilman Connell. The Mayor Pro-Tem opened the meeting for public hearing. There being no one wishing to-be heard, the Mayor Pro-Tem closed the public hearing. He then opened the meeting for discussion for the Council. Norm Wood, Director of Engineering stated that this ordinance accomplished some amendment5that the Planning and Zoning Commission had recommended to the sign code. Mr. Wood then reviewed the amendments with the Council. The free-standing signs were discussed. Mr. Wood stated that under the current code, both sides of a free-standing sign were counted toward the allowable sign area for a project, but under the amendment, just one side would be counted toward the allowable sign area. He stated that with this amendment, the sign could double in size. Councilman Davis had concerns of this amendment on free~tta.nding'signs. After discussion, Mr. Wood suggested that a maximum size be put on the free-standing signs. -2- The Council discussed the Real Estate Signs, and they had concerns of the possibility that the size of those signs could be enlarged under the new amendment. Councilman Watkins amended the motion, that in ordinance No. 88-6, on page 2, M-4, 5th line, delete the word "not". Councilwoman Harrison seconded the amended motion and was unanimously carried. After discussion the Council requested that the ordinance be referred back to the Planning and Zoning Commission and to make the Commission aware of the Council's concerns. Councilman Connell moved to table Ordinance No. 88-6, Series of 1988, and that the ordinance be brought back to Council with final revisions. The motion was seconded by Councilman Davis and was unanimously carried. Resolution No. 88-9, Series of 1988, A RESOLUTION STATING THE TOWN OF AVON'S OPPOSITION TO THE PROPOSED TWO FORKS AND WILLIAMS FORK WATER PROJECTS AND REQUESTING DEVELOPMENT OF A COMPREHENSIVE STATEWIDE WATER PLAN Norm Wood stated that it was indicated that Council wanted to provide a resolution for input to the Governor and also into the public hearing process on the Two Forks and the Williams Fork Water Project. He stated that he had drafted the resolution more specifically toward the Avon area, and its concerns. After some discussion, Councilman Watkins moved approval of Resolution No. 88-9, Series of 1988. The motion was seconded by Councilman Davis and was unanimously carried. Resolution No. 88-10, Series of 1988, A RESOLUTION IN APPRECIATION OF CHARLES GERSBACH FOR HIS TIME AND SERVICE TO THE PLANNING AND ZONING COMMISSION The Mayor Pro-Tem read the resolution in its entirety. Councilman Connell moved approval of Resolution No. 88-10, Series of 1988. The motion was seconded by Councilman Watkins and was unanimously carried. Resolution No. 88-11, Series of 1988, A RESOLUTION IN APPRECIATION OF MICHAEL BLAIR FOR HIS TIME AND SERVICES TO THE PLANNING AND ZONING COMMISSION The Mayor Pro-Tem read the resolution in its entirety. Councilman Davis moved approval of Resolution No. 88-11, Series of 1988. The motion was seconded by Councilman Connell and was unanimously carried. -3- • • The Council discussed the possibility of giving some consideration of some memento of service for anyone who had served two times the related office. After discussion, it was agreed that a plaque be given to all who had served- in a capacity of two or more years. Staff was directed to have the approval from the Mayor Pro-Tem before proceeding. , It was agreed that a resolution be considered for Mark Donaldson who had resigned from the Planning and.Zoning Commission. The resolution would be presented at the next council meeting. The Town Attorney report was next presented to the Council. Mr. Dunn reported on the Peregrine Project Sale. The Sale occured on Friday, May 6, 1988. He stated that the Mechanics'Lienors bought the building, and in order for them to have bought the building, the requirement of the Court was that they had to pay the Town of Avon. The total amount of the check was $457,766.03. He stated that it broke down as such; principle amount of Special Assessment-$233,301.24; interest in the amount of-$110,895.44(13 1/4%); penalty interest(24% per annum),$80,400.94; and attorney fees in the amount of $33,168.41. He stated that the Titlement to the Town for the penalty interest was contested. He stated that on the day of the Sale, Magnet Bank recorded the Public Trustee Deed, thereby the bank became owner of the property. He stated that Magnet Bank has seventy five days from the date of the Sale in which to redeem. Mr. Dunn stated that it was his feeling that Magnet Bank would not redeem, and if that were the case, then the property would belong to the Mechanics' Lienors. It was stated that Hazeldon/Langley Construction was the lead Mechanics. Mr. Dunn stated that he was informed that the Case brought by Magnet Bank in Federal Court had been settled. Documents should be forthcoming. Mr. Dunn reported on the Bain Case. He stated that he was in contact with the Attorney for CIRSA who was representing the Town. Mr. Dunn stated that, he himself, wanted some participation in the Case. He stated that he would co-counsel in defense. The Wilson/McAdams Litigation was then discussed. Mr. Dunn stated that he had turned the Case over to Terri Diem. The Town Manager reported on the 10th Anniversary which would be held on Agust 6th and 7th, 1988. He stated that he needed authorization to develop between Thomas Entertainment Consultants, and the payment schedules be made, and also authorize him Budget by $5,000 to the Anniversary Celebration. hoped that the event would generate enough money contribution. Celebration for Avon, a Contractural Agreement Town of Avon, and that to amend the Marketing He stated that he of offset the $5,000 -4- • • Councilwoman Harrison so moved. The motion was seconded by Councilman Connell and was unanimously carried. The Town Manager reported that the Town had received a letter of resignation from Mark Donaldson informing the Council of his decision to resign from the Planning and Zoning Commission. The Council appointed Albert(Buz)Reynolds to fill that term, which would be for one year. Councilman Connell so moved. The motion was seconded by Councilwoman McRory and was unanimously carried. A letter would be sent to Mr. Reynolds in acknowledgment of his appointment. Next on the agenda was a report on parking requirements for compact cars. Mr. Wood presented a report to the Council on the parking space and access aisle width recommendations from the Table 3, in the handbook of traffic engineering practice for small cities. He stated that in summary: 1. Town of Avon size requirements for parking spaces and access is somewhat less than recognized standards; 2. Reduction in parking spaces and access aisle dimensions to increase number of spaces may reduce actual number of effective spaces; 3. Typically compact spaces are used in parking structures utilizing specific design criteria to maintain their effectiveness. Mr. Wood stated that when considering these factors, he recommended that Council not revise the current parking regulations to allow compact parking spaces on surface parking lots. The current variance procedure allows the Planning and Zoning Commission to respond to special situations regarding parking reequirements when following this procedure, the solution to a particular problem may be a reduction in parking requirements, use of, compact spaces based upon specific site design criteria or other considerations related to specific site development or proposed use circumstances. The Council agreed that the parking requirements not be revised. The Town Manager reported on the Transportation System, and the Town's relationship with Avon/Beaver Creek Resort Association in regard to managing the Avon System. -5- • • He stated that Council recommended that, for the 1989 year, in addition to what the Town had already contributed(Accommodation Tax)that the Town also conbribute, out of the General Fund, up to 250 of the total cost of transportation. Mr. James requested authorization to develop an additional agreement between the Town of Avon and the Avon/Beaver Creek Resort Association; present it to their Resort Association Board, and then bring it to Council for approval. Councilman Davis stated that there seemed to be some concern of the 12% verses the 8%. He stated that the Council would support the Resort Association, whichever way the Association wanted to raise those funds. He stated that the Council felt it was important that 750 of that money come from some relation to evening, whether it be people staying in those hotels, and hotel rooms, etc. He stated that the Council was very willing to contribute money out of General Fund to support that System. He stated that there were also suggestions that, the County, to a certain extent, were receiving windfall, because they haven't budgeted their percentage of the sales from Wal-Mart. Kevin Payne stated that he was pleased that this matter was being discussed. He stated they could now put a study group together to determine how to raise that portion of funding since it was their responsibility. Jim Parks, Manager of the Avon Center approached the Council. Mr. Parks suggested that all businesses, not only the lodging community, but all businesses participate in collecting a tax. Councilman Davis stated that he was totally opposed to raising sales tax. No action was taken. The Appeal of the Chambertin Condominium project was next presented to the Council. Mayor Pro-Tem Miller stated that Mr. Mark Donaldson requested, through a letter received May 5, 1988, to postpone the Appeal hearing until the May 24, 1988 council meeting. The Council agreed. Mr. Mark Donaldson also requested that a written legal opinion come from the Town Attorney in respect to Fractionalization. The Council felt it inappropriate, at this time, for the Town Attorney to respond to that request. Mr. Dunn stated that he had reviewed, quite extensively, the material that was in the packet in regard to the opinion request. He stated that he did not see this issue as a fractionalization issue, but as the design review of the Town used to preserve a scheem of development which was established originally for a project, which was to be phased; and which had not been carried out. -6- • • He stated that the last phase of the project had gotten separated from the original project. He stated that he felt it was essentially the decision of the Planning and Zoning Commission made, and that this particular project was so different from the earlier phases of Chambertin, it violated the design regulations. Councilman Watkins stated that the fractionalization ordinance needed to be reviewed. He stated that one concern was that land owners were not notified who lived any certain distance of the proposed project. He felt this should take place when there was a change based on using fractionalization. He stated that there was a lot of people who were interested in this issue, who were not notifed. After some discussion, the Council agreed that the Town Attorney should not give a written legal opinion on fractionalization, and that Mr. Donaldson ask his attorney for the written opinion. Town Manager reported on the agreement on the softball field and Tract P, between the Benchmark Companies and the school district. Mr. James requested authorization to proceed to draft two separate agreements; 1)Town of-Avon and Benchmark; 2) Town of Avon and the School District. Councilman Davis so moved. The motion was seconded by Councilwoman Harrison and was unanimously carried. The Council recessed at 9:10 p.m. and reconvened at 9:15 p.m. The Mayor Pro-Tem requested that Council refer back to item "e" of the agenda. He requested that Council move to receive the information in regard to the Appeal request, and that Council postpone the Appeal request until May 24, 1988. Councilwoman Harrison so moved. The motion was seconded by Councilman Davis and was unanimously carried. The Council also received two letters that were received that evening which indicated opposition to the proposed portion of Chambertin project. -7- • 0 The Mayor Pro-Tem stated that at the work session of that afternoon, the Council discussed, with Beth Slifer, the upcoming World Championship, and the opportunity for Avon to specifically get involved in a program that would indicate a major event on February 3, 1989. Mayor Pro-Tem Miller requested a motion to proceed with this matter. Councilman Davis so moved. The motion was seconded by Councilman Watkins and was unanimously carried. The Town Manager was to make contact with Beth Slifer on this matter. Next on the agenda was discussion of a purchase of a new event tent. The Mayor Pro-Tem requested that Council authorize an expenditure to pay 1/2 half of the total cost for a new tent. He stated that the Avon/Beaver Creek Resort Association requested that a 60x40 tent be purchased totally by the Town, of which, 500 of that sum be repaid by the Avon/Beaver Creek Resort Association. It was also suggested that the old tent be repaired and that amount not to exceed $750, and that the old tent be allowed both entities the use, as well as, the opportunity to rent that tent out to other organizations to help re-coop some of the funds to offset the expenditures of the new tent. He stated that Council also give authorization to the Town Manager to amend the marketing budget to include $3,500 for 1/2 of the payment for the purchase of the new tent. Councilwoman Harrison so moved. The motion was seconded by Councilman Davis and was unanimously carried. Next on the agenda was a report on the cost estimate for the Checkmate Statue. Larry Brooks reviewed the cost estimate with the Council. He stated that the cost estimate would be in the amount of $14,000 for Phase I. In regard to the Teen Center. It was sent out to the high school, and that the next council meeting. The Town Clerk stated that her office interest for the proposed Teen Center. stated that a survey had been those surveys whould be in by had not received any calls of -8- 0 The Mayor Pro Tem discussed the matter of "No Smoking" in the municipal building. He stated that the Town of Vail's ordinance, in respect to "No Smoking", was a model, he felt, for an appropriate example of a statement he was to make. Mayor Pro Tem Miller gave the reasons why "Smoking should be banned frog. the municipal building. He asked that Council review the need to address one's public health, safety, and welfare by eliminating smoking in all town building properties. He stated that he was open for suggestions, compromises, and the reviews of opposing opinions. Councilwoman Harrison suggested that those who do smoke, possibly use smokeless ashtrays,or some means in which those who do smoke, can continue to smoke. She stated that this Council chamber is the one place where the cigarette becomes absolutely needed. She suagested that they find a way to preserve the health of the ones who do not smoke, and those people who do smoke, know what they are doing. Councilman Davis stated that he would appeal to each Councilperson's greater desire to do better in our society, and look at this as a issue on a larger level. He stated that usually Avon was the leader in issues, but this time,'. Avon was having difficulty addressing the issue. He stated that the issue was "where do you smoke". He stated possibly the Council could compromise and possibly have one extra break in the meetings. He asked that Council consider the request. Councilwoman McRory stated that she resented the request. Councilwoman Harrison stated that there may be a very dangerous trend starting. She stated that there may be other things that come up that sooner or later that would catch each and everyone of us in a situation whereby law of what you can do and what you cannot do. She asked that the Council consider that. Councilman Connell moved that he was not in favor of the proposal that was in front of the Council that evening on "No Smoking". The motion was seconded by Councilwoman Harrison. Discussion followed. Councilwoman McRory suggested that some sort of compromise be made, that if the Chamber had a substantial amount of public, then there would be "No Smoking". Councilman Watkins suggested that there be "No Smoking" in the Chamber, but that there be additional breaks during the meetings. The Mayor Pro Tem entertained a roll call. Those Councilmembers voting aye were: Al Connell, Emilie Harrison and Gloria McRory. Those Councilmembers voting nay were: Jerry Davis and Clint Watkins. The motion carried by a 3 to 2 vote. -9- • 0 Councilman Watkins moved to receive items #1 through V. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilwoman Harrison moved approval of the General Fund of Accounts Payable for May 10, 1988. The motion was seconded by Councilman Watkins and was unanimously carried. Councilwoman Harrison moved approval of the Reconciliation Sheet of Accounts Payable for May 10, 1988. The motion was seconded by Councilman Watkins and was unanimously carried. The minutes of the April 26, 1988 council meeting were next presented to the Council. Councilman Watkins moved approval of the April 26, 1988 council meeting minutes as presented. The motion was seconded by Councilwoman McRory and was unanimously carried. The Mayor Pro-Tem reported on the Crime Stoppers Benefit Golf Tournament, which would be held May 20, 1988. He suggested that possibly the Mayor, Town Manager, and a couple of the councilpersons sign up for this event, which was for a good cause. The Mayor Pro-Tem stated that he had been approached by the Manager of City Market. He was concerned about the traffic flow of that area. Also, he would like to work with the Town on filling the ditches in front of City Market, and possibly erecting a sidewalk in that area. This information would be passed onto Norm Wood. There being no further business to come before the Council, Councilman Connell moved to adjourn. The motion was seconded by Councilwoman McRory and was unanimously carried. The meeting was adjourned by Mayor Pro- Tem Miller at 9:45 p.m. -10- E • Y SUBMITTED: APPROVED: 11- Patricia J. Doy/ie, Town /Clerk